68 results for 'judge:"Simon"'.
J. Simon denies the city's motion to dismiss the social justice organization's complaint accusing the City of Portland, Prosper Portland and Legacy Emanuel Hospital and Health Center of wrongfully displacing Black communities in Central Albina from their homes from the 1950s to the 1970s. The city argues that dismissal is justified because the social justice organization lacks standing, but the social justice organization formed to learn about the history of Central Albina and the city's actions allegedly frustrate that mission. Furthermore, its members are made up of survivors or descendants of those who were displaced for an ultimately incomplete project.
Court: USDC Oregon, Judge: Simon, Filed On: December 1, 2023, Case #: 3:22cv1896, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Simon denies an ex-husband’s motion to dismiss, for lack of subject-matter jurisdiction, a legal dispute stemming from a “messy divorce.” The fact that this case stems from a divorce proceeding is not alone enough to trigger the “domestic relations exception,” nor is this case barred by the principle of res judicata.
Court: USDC Northern District of Indiana, Judge: Simon, Filed On: November 21, 2023, Case #: 2:22cv145, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Tort, Jurisdiction
J. Simon denies the majority shareholders' motion to dismiss the minority shareholder's complaint that the majority shareholders breached their fiduciary duties to him as a minority shareholder of PPV Inc. The majority shareholders claim that the minority shareholder could have brought up his fiduciary duty claim during a prior bankruptcy proceeding, but the bankruptcy court already concluded that it did not have jurisdiction over that claim, and the majority shareholders do not have an argument for why the bankruptcy court would have jurisdiction.
Court: USDC Oregon, Judge: Simon, Filed On: November 21, 2023, Case #: 3:23cv526, NOS: Stockholders’ Suits - Contract, Categories: Bankruptcy, Fiduciary Duty, Jurisdiction
J. Simon grants partial summary judgment to the university against the pharmacy school coordinator's first set of claims under federal and state law for discrimination, retaliation and wrongful termination under her complaint alleging that the university fired her because she took medical leave. The coordinator's does not show a causal link between the September 2018 phone calls, in which the coordinator told the university's general counsel and associate vice president of Human Resources that the coordinator was a victim of sexism, to her termination on Feb 19, 2020.
Court: USDC Oregon, Judge: Simon, Filed On: November 13, 2023, Case #: 3:21cv991, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Discrimination
J. Simon denies FedEx summary judgment as to the sales representative's age discrimination claim alleging that FedEx fired her because she is 65 years old. The sales representative presents sufficient circumstantial evidence of age discrimination, which includes how FedEx fired her in favor of a 26-year-old candidate and that the regional managing director “often spoke about how FedEx’s pension plans for older employees cost the company a lot of money.”
Court: USDC Oregon, Judge: Simon, Filed On: November 9, 2023, Case #: 3:22cv1217, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Discrimination
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J. Simon denies summary judgment to the semiconductor supplier on Apex Micro Manufacturing's negligence claim in the shareholders' lawsuit alleging that that the supplier did not properly inform the shareholders about the export-controlled status of integrated circuits. The supplier had a contractual relationship with Apex in which the former provided the latter with export control information, and the shareholders sufficiently allege their negligence claim because this relationship meant that Apex could not test the semiconductors to see if they were case or temperature related, thus it had to rely on the supplier's datasheets.
Court: USDC Oregon, Judge: Simon, Filed On: November 1, 2023, Case #: 3:19cv86 , NOS: Other Statutory Actions - Other Suits, Categories: Trademark, Contract
J. Simon awards the landlord an additional $1.5 million in damages for expenses related to installing a second freight elevator, repairing the plumbing on the upper floors and repairing the air conditioning on the third floor, which relates to Ross' complaint that the landlord refused to authorize Ross' construction plans to separate the basement of two downtown Portland buildings with a dividing wall. Oregon's economic waste doctrine applies to the landlord's "hard cost" claims, because in the trial it presented persuasive evidence that its "general contractor costs" of 31.5% hard costs plus "soft costs" of 16% hard costs.
Court: USDC Oregon, Judge: Simon, Filed On: September 29, 2023, Case #: 3:14cv1971, NOS: All Other Real Property - Real Property, Categories: Evidence, Property, Damages
J. Simon declines to dismiss the mother's negligence claim alleging that the substance abuse center was negligent in allowing her to sleep with her infant son, who was crushed to death by her weight as a result. The negligence claim can proceed because it is focused on the implementation of the center's policies and resource allocations, which are generally the subject of the discretionary function exception of the Federal Tort Claims Act that is significant in this case.
Court: USDC Oregon, Judge: Simon, Filed On: September 25, 2023, Case #: 3:21cv1525, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Negligence, Wrongful Death
J. Simon declines to dismiss the registered nurse's religious discrimination claim as part of her complaint alleging that the university denied her a religious exemption for the Covid-19 vaccine, eventually resulting in her termination. The university's arguments against the registered nurse's undue hardship claim must wait for summary judgment, because it is an affirmative defense that has yet to be proven or disproven.
Court: USDC Oregon, Judge: Simon, Filed On: September 20, 2023, Case #: 3:23cv77, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Simon dismisses the healthcare professionals' hostile work environment and wrongful termination claims alleging that the multispecialty group practice and others wrongfully denied them reasonable accommodations and exemptions from the Covid-19 vaccine mandate. The healthcare professionals allege that the group practice's staff made negative comments about the professionals' unvaccinated status, but an unvaccinated status may be a secular choice and the healthcare professionals do not sufficiently prove that it is a distinctly religious one.
Court: USDC Oregon, Judge: Simon, Filed On: September 20, 2023, Case #: 3:22cv986, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Simon dismisses the former employee's religious discrimination claim from her complaint alleging that the university denied her a religious exemption from the Covid-19 vaccine, leading to her termination. The former employee does not provide authority to support her argument that the university's process to evaluate religious exemptions is discriminatory or that it is intended to convince employees that their religious beliefs are insincere.
Court: USDC Oregon, Judge: Simon, Filed On: September 20, 2023, Case #: 3:22cv1250, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Simon reverses the insurance company's determination that the insured was not disabled as of March 25, 2020, which the insured claims resulted in the denial of her long-term disability benefits. The insured's test results show that her memory functioning was greatly impaired and the the Social Security Administration found the insured to be disabled, so the insurance company must reinstate the insured's benefits from March 25, 2020 through June 4, 2021, which is the remainder of the 24-month "own occupation" period of her long-term disability plan.
Court: USDC Oregon, Judge: Simon, Filed On: September 20, 2023, Case #: 3:21cv1019, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence, Insurance
J. Simon grants the former employee leave to file an amended complaint alleging that the food forming equipment manufacturer's supervisor pressured the former employee to leave quarantine, despite his hypercoagulable disorder putting him at greater risk of contracting Covid-19, which led to his termination. The former employee can add new allegations related to his claims, because he learned additional facts after the stay of discovery was lifted in January 2023, and adding these facts will not cause an undue burden against the manufacturer.
Court: USDC Oregon, Judge: Simon, Filed On: August 29, 2023, Case #: 3:21cv880, NOS: Employment - Civil Rights, Categories: Employment, Discovery, Covid-19
J. Simon finds for individual, corporate, and third-party defendants in claims concerning control over assets from an estate, as the record indicates plaintiff failed to timely allege he had been unfairly denied assets after his father died, and interference with expectancy and copyright claims may not continue.
Court: USDC Northern District of Indiana, Judge: Simon, Filed On: August 22, 2023, Case #: 3:18cv914, NOS: Trademark - Property Rights, Categories: Copyright, Wills / Probate, Business Expectancy
J. Simon finds in favor of the semiconductor supplier for the shareholders' negligence-based claims alleging that the supplier did not properly inform the shareholders about the export-controlled status of integrated circuits, particularly two models that Canadian border authorities seized in December 2008 due to lack of a proper exporting license. The shareholders did not raise a genuine issue of material fact on whether the semiconductor supplier owed them a duty under the United States' Export Administration Regulations to protect them from the alleged harm, as the shareholders previously and repeatedly stated that the EAR does not apply to them, so they cannot use it in their argument now to avoid summary judgment.
Court: USDC Oregon, Judge: Simon, Filed On: July 5, 2023, Case #: 3:19cv86, NOS: Other Statutory Actions - Other Suits, Categories: Trademark, Consumer Law